Onions Etc., Inc. et al v. Z & S Fresh, Inc. et al

Filing 705

STIPULATION and ORDER to Continue Pretrial Conference and Trial Date and ORDER Thereon signed by Judge Oliver W. Wanger on 7/11/2011. ( Dispositive Motions as to Land Bank Only filed by 11/4/2011; Dispositive Motions Hearing as to Land Bank Only set for 12/5/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Pretrial Conference set for 12/5/2011 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Jury Trial set for 1/17/2012 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger ) (Figueroa, O)

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James H. Wilkins, #116364
Stephanie M. Grewal, #258691
WILKINS, DROLSHAGEN & CZESHINSKI LLP
6785 N. Willow Ave.
Fresno, CA 93710
Telephone: [phone]
Facsimile: [phone]

(SP A C E B E L O W F O R F IL IN G ST A M P O N L Y )

Attorneys for Defendant, Loren Schoenburg and
Margaret Schoenburg

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA-FRESNO

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ONIONS ETC., INC. And DUDA FARM
FRESH FOODS, INC.,
Plaintiff,

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v.
Z&S FRESH INC. fdba Z&S
DISTRIBUTING CO., INC.; MARTIN J.
ZANINOVICH; LOREN S.
SCHOENBURG; and MARGARET aka
MARGE SCHOENBURG,

STIPULATION AND ORDER TO
CONTINUE PRETRIAL CONFERENCE
AND TRIAL DATE AND ORDER
THEREON

Action Filed: May 22, 2009
Trial Date: September 13, 2011

Defendants.

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Case Number 1:09-CV-00906-OWW-SMS

AND RELATED CROSS-ACTION.

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WHEREAS the parties to this action, by and through their counsel, or individually if not

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represented by counsel, who sign this document, hereby submit the following stipulation to continue

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the Pretrial Conference and Trial Date. Specifically, all of the signatures received below are from

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counsel for parties who are actively involved in this litigation. Any counsel and/or parties who have

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not signed the stipulation are either not actively involved, have been previously dismissed or

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defaulted upon, or have not provided any response regarding their position with respect to continuing

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the trial date.

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WILKINS,
DROLSHAGEN &
CZESHINSKI LLP
6785 N. Willow Ave.
Fresno, CA 93710

WHEREAS a number of issues and scheduling conflicts have arisen for a number of parties

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and/or counsel involved in this action, that prevent their availability on the date of the currently

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scheduled trial;

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WHEREAS, in the interest of all those involved in this action, the parties have agreed that

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the pretrial conference and trial date should be continued to ensure the availability of all parties and

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counsel;

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WHEREAS, on June 13, 2011 (Doc. No. 673), Magistrate Judge Michael Seng granted the

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Motion of Carrie and Aaron Margosian to amend their answer and assert numerous new affirmative

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claims against the Land Bank. In light of the fact the Motion to amend and add these new claims

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was not made until after discovery had closed, Judge Seng's Order re-opened discovery solely to

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allow the Land Bank to conduct discovery with respect to the new claims. However, Judge Seng's

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Order stated that any requests by the Land Bank for an extension of the dispositive motion deadlines

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to allow them to file dispositive motions as to the new claims should be addressed to the District

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Judge. The Margosians and the Land Bank have agreed and Stipulated that the dispositive motion

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deadline, for the Land Bank only, shall be extended until November 4, 2011, and the hearing date

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for dispositive motions by the Land Bank only shall be December 5, 2011.

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THEREFORE, it is stipulated and agreed by and among the parties, through their respective

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counsels of record, that the pretrial conference and trial of the above-captioned matter may be

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continued and be rescheduled as follows, in accordance with the new trial date.

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Dispositive Motion Deadline (as to Land Bank Only):

November 4, 2011

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Dispositive Motion Hearing Deadline (as to Land Bank Only):

December 5, 2011

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Pretrial Conference:

From August 8, 2011 to December 5, 2011

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Trial:

From September 13, 2011 to January 17, 2012

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IT IS SO STIPULATED.

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Dated: July 6, 2011

WILKINS, DROLSHAGEN & CZESHINSKI LLP

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WILKINS,
DROLSHAGEN &
CZESHINSKI LLP
6785 N. Willow Ave.
Fresno, CA 93710

By /s/ James H. Wilkins
James H. Wilkins
Attorneys for Defendants, Loren Shoenburg and
Margaret Shoenburg
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Dated: July 1, 2011

MEUERS LAW FIRM PL

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By /s/ Katy Koestner Esquivel
Katy Koestner Esquivel, PHV
Lawrence H. Meuers
Attorneys for Plaintiffs, Duda Farm Fresh Foods, Inc,
Onions Etc., Inc., APB, Inc., Calavo Growers, Inc.,
Cecelia Packing Corporation, Clark Farms, Giumarra
Farms, Inc., Giumarra International Marketing, I.G.
Fruit, Inc., Rio Vista, Ltd.

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Dated: July 6, 2011

RYNN & JANOWSKY

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By

/s/ Bartholomew Mark Botta
Bartholomew Mark Botta
Attorneys for Intervenor Plaintiffs, Maria Alvarado,
Raul Alvarez, Big Chuy Distributors and Sons, Inc,
Golden Star Citrus, Inc., Booth Ranches, LLC, CH
Distributing, LLC, Cal Fresco, LLC, Castro Produce,
LLC, Chamberlain Distributing, Inc., Ciruli Brothers,
LLC, Comercial Alfonso Eyzaguirre y Cia. LTDA,
Divine Flavor, LLC, Epicure Trading, Inc., Fisher
Capespan USA, LLC, Fresco Produce, Inc., Gemco,
Inc., J-C Distributing, Inc., JP Produce, Inc., Kaweah
Avenue Properties, LLC, King Fresh Produce, LLC,
Kirschenman Enterprises Sales, Meyer, LLC,
Mikaelian and Sons, Inc., Pandol Bros., Inc., Premium
Produce Distributors, Inc., Pro Citrus Network, Inc.,
R&C Berndt, Inc., Richard Cottrell Marketing, Inc.,
Seald Sweet West International, Inc., Seald Sweet,
LLC, Shipley Sales Service, SunFed Produce, LLC,
Sundale Sales, Inc., Sunny Cove Citrus, LLC,
Sunriver Trading Company Limited, The Fruit
Branch, Inc., William H. Kopke, Jr. Inc., Wilson
Produce, LLC, Zimmerman Farms, Inc., Ramon Rios,
and Salvadore Romero.

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Dated: July 6 , 2011

BAKER, MANOCK & JENSEN

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WILKINS,
DROLSHAGEN &
CZESHINSKI LLP
6785 N. Willow Ave.
Fresno, CA 93710

By

/s/ Robert D. Wilkinson
Robert D. Wilkinson
Joseph M. Marchini
Attorneys for Intervenor Plaintiff, Peters Fruit Farms,
Inc.

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Dated: July 6 , 2011

JONES HELSLEY PC

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By /s/ Michael Helsley
Michael Helsley
Timothy Jones
Attorneys for Intervenor Plaintiff, Jewel Marketing &
Agribusiness, LLC, dba Crown Jewel Marketing, LLC

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Dated: July 6 , 2011

WILD, CARTER AND TIPTON

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By

/s/ Patrick J. Gorman
Patrick J. Gorman
Attorneys for Intervenor Plaintiffs, Visalia Produce
Sales, Inc, dba Produce Source, Four Play Farms,
Three Play Farms, Two Play Farms, Aron Margosian,
George Margosian, Margosian Bros., Two Play
Properties, LLC, Four Play Ranch, Defendants Four
Play Ranch, Three Play Farms, Two Play Properties,
LLC, Carrie Margosian, Aron Margosian

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Dated: July 7, 2011

NATHAN D. IDE, ATTORNEY AT LAW

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By /s/ Nathan D. Ide
Nathan D. Ide
Attorneys for Intervenor Plaintiffs, Joe W. Russell and
Mark L. Pascoe

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Dated: July 1, 2011

LANG, RICHERT & PATCH

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By

/s/ Scott J. Ivy
Scott J. Ivy
Attorneys for Cross-Claimant, Fresno-Madera Federal
Land Bank Association, FLCA

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WILKINS,
DROLSHAGEN &
CZESHINSKI LLP
6785 N. Willow Ave.
Fresno, CA 93710

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Dated: July 6 , 2011

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE AND
CARRUTH, LLP

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By /s/ Mandy L. Jeffcoach
Mandy L. Jeffcoach
Attorneys for Trustee, Terrance J. Long

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Dated: July 6, 2011

PERKINS, MANN & EVERETT

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By

/s/ Douglas V. Thornton
Jerry H. Mann
Jan T. Perkins
Douglas V. Thornton
Attorneys for Intervenor Plaintiff, Frank A. Logoluso
Farms and Trustee Terrance J. Long

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Dated: July 1 , 2011

BARRY E. WEBER, ATTORNEY AT LAW

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By

/s/ Barry E. Weber
Barry E. Weber
Attorneys for Intervenor Plaintiff, Larry Gardner

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Dated: July 7, 2011

GOLDMAN LAW

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By

/s/ Robert E. Goldman
Robert E. Goldman
Attorneys for Dandrea Produce, Inc.

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WILKINS,
DROLSHAGEN &
CZESHINSKI LLP
6785 N. Willow Ave.
Fresno, CA 93710

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1
ORDER

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IT IS SO ORDERED: The new trial date in this matter will be January 17, 2012, and
the Scheduling Order shall be revised in accordance with the dates listed above.

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IT IS SO ORDERED.
Dated:
July 11, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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WILKINS,
DROLSHAGEN &
CZESHINSKI LLP
6785 N. Willow Ave.
Fresno, CA 93710

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